New Technologies in International Law / Tymofeyeva, Crhák et al.

N avigating the P ros and C ons of N ew T echnologies in I nternational L aw

By Dr. Alla Tymofeyeva (Charles University)

As with any major development, new technologies come with both benefits and drawbacks that affect all aspects of society. In the realm of public international law, the impact of these advancements is especially profound as it leads to a transformation of the international legal order. This impact is visible within all the domains of public international law. Starting with the area of international humanitarian law , it can be said that on one hand, new technologies, such as drones and satellite imagery, have improved the monitoring 3 and enforcement of humanitarian law, allowing for better protection of civilians in conflict zones. Technology has also enabled the rapid dissemination of information to those in need during humanitarian crises. On the other hand, the deployment of sophisticated weaponry may result in breaches of international humanitarian law in areas of conflict. Furthermore, the effectiveness of international legal mechanisms in overseeing the utilisation of modern technologies in armed confrontations could be diminished as the Geneva Conventions and other humanitarian law conventions were not originally designed to anticipate the rapid advancement of military technologies. 4 New technologies, such as forensic DNA analysis and digital evidence collection, have greatly enhanced the ability of international tribunals and courts to prosecute war criminals and perpetrators of mass atrocities. Technology has also facilitated the collaboration and sharing of information among international institutions facilitating the provision of international justice . At the same time, the reliance on technology in the gathering of evidence in international criminal trials can raise issues of privacy and data security. Additionally, the use of new technologies in international justice may worsen disparities in access to justice for marginalised communities, those who do not have access to internet or the necessary e-skills. Advances in space technology have opened up new opportunities for international cooperation and exploration in outer space. The development of international agreements and conventions, such as the Outer Space Treaty, has helped to establish a framework for the peaceful use and exploration of outer space. However, the increasing privatisation and commercialisation of space activities raise concerns about the equitable distribution of resources and benefits derived from outer space. Additionally, the lack of clear regulations and enforcement mechanisms for space activities has created challenges in ensuring compliance with international space law .

3 Lyons J, ‘Documenting Violations of International Humanitarian Law from Space: A Critical Review of Geospatial Analysis of Satellite Imagery during Armed Conflicts in Gaza (2009), Georgia (2008), and Sri Lanka (2009)’ (2012) 94(886) International Review of the Red Cross, p. 739. 4 Zhou J, Fundamentals of Military Law: A Chinese Perspective (Springer, 2019), p. 494.

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